Amendment #10 to H57

Strengthening Public Safety in the Commonwealth

Mr. Xiarhos of Barnstable moves to amend the bill by adding the following Sections:

SECTION XX. Chapter 147 of the General Laws is hereby amended by adding the following new section:-

Section 64. (a) As used in this section, the following words shall have the following meaning unless the context clearly requires otherwise:

“Law enforcement agency in the commonwealth”, any state, municipal, college or university police department, sheriff’s department, correctional facility, prosecutorial office, court, probation office, or a program of more than one of any such entity, or any other non-federal entity in the commonwealth charged with the enforcement of laws or the custody of detained persons.

“Detainer request” a written request issued by the United States Immigration and Customs Enforcement agency, or any subdivision or bureau thereof, duly issued to any law enforcement agency of the commonwealth and directing said agency to provide notification before releasing an individual from custody, or to maintain custody of the individual for a period not to exceed 48 hours beyond the time the individual otherwise would be released, or both.

(b) Notwithstanding any general or special law to the contrary, no law enforcement agency of the commonwealth shall establish a policy or directive ordering its officers and employees to fail or refuse to comply with detainer requests pertaining to individuals within the custody of such agency, and no officer or employee of a law enforcement agency of the commonwealth, while acting under color of the law, shall knowingly fail or refuse to comply with the terms of any detainer request pertaining to any individual within the custody of said agency.

(c) Notwithstanding any general or special law to the contrary, a law enforcement agency of the commonwealth in receipt of a detainer request pertaining to an individual within its custody shall notify the United States Immigration and Customs Enforcement agency of any planned release or change in the custody status of said individual not less than 24 hours in advance of such planned release or change.

SECTION XX. All state and local officials with law enforcement responsibilities shall receive training on the requirements of the act within six months of its passage, including training on the legal basis for detainer requests and the procedural steps for compliance.

SECTION XX. Every law enforcement agency of the commonwealth shall provide a report to the secretary of the executive office of public safety and security on or before the fifteenth day of January of each year detailing the number of detainer requests received by such agency during the preceding calendar year, together with an explanation of how many said detainer requests were honored or not honored, and with an explanation for the reasons for any non-compliance, including but not limited to any policy or directive of the agency to dishonor or refuse to comply with such requests; provided, that no such report shall contain any personally-identifiable information concerning any individual subject to a detainer request. The secretary shall collect such information and submit a consolidated report as to the data for each individual law enforcement agency of the commonwealth to the Clerks of the House of Representatives and the Senate on or before the fifteenth day of February of each year.

Additional co-sponsor(s) added to Amendment #10 to H57

Strengthening Public Safety in the Commonwealth